| Vehicle Description |
| 1.
|
The owner will let and the
hirer will take on hire the motor vehicle
described overleaf, hereinafter referred to
as the vehicle.
|
|
Duration of
Hire |
| 2.
|
(a)
|
The term of hire shall be
for the period as described overleaf and
herein. |
| |
(b)
|
When a vehicle is left at
any other place than the branch location
then termination shall be when the vehicle
inspection shall occur at the time of the
collection. The hirer will be responsible
for the vehicle up until this time of
termination, inspection, and collection. |
| |
(c) |
Should the hirer terminate
the hire before the stated date and time,
the stated rate and term will be amended a
the sole discretion of the owner.
|
|
Persons who
may drive Vehicle |
| 3. |
(a) |
The vehicle may be driven
during the period of hire only by the hirer
and persons named on the front of this form
and only if they hold a current driver's
licence appropriate for the vehicle at the
time when they are driving the vehicle. |
| |
(b) |
If the need arises, consent
is given to the owner to check validity and
currency of any drivers licence used in
connection with this agreement - as
applicable. |
| |
(c) |
When the hirer is a Body
Corporate, then they shall ensure all
drivers have a valid drivers licence for the
currency of any hirer.
|
|
Payments by
Hirer |
| 4. |
(a) |
The hirer shall pay to the
owner as payment for the hire of the vehicle
for the period of hire a hire charge at the
rate referred to overleaf in this agreement. |
| |
(b) |
The hirer acknowledges they
shall be responsible for all costs relating
to collection of any outstanding charges in
relation to this agreement. |
| |
(c) |
The hirer acknowledges and
accepts that by signing this agreement and
by providing a credit card for payment, that
all charges under this agreement may be
charged to the nominated credit card or to
any other credit card that may be provided.
|
| 5. |
In addition to the payment
referred to in clause 4 of this agreement
the hirer shall pay to the owner the
insurance charge at the rate referred to
overleaf, for the insurance cover set out in
clause 11 of this agreement.
|
| 6. |
In addition to the payment
specified in clause 4 of this agreement the
hirer shall pay to the owner on termination
of the hiring a distance charge at the rate
referred to overleaf.
|
| 7. |
The hirer shall pay for all
petrol or other fuel (but not oil) used in
the vehicle during the period of hire.
|
| 8. |
Any sum received by the
owner from or on behalf of the hirer at or
before the commencement of this Agreement
shall be held by the owner as security for
the return of the vehicle and as security
for payment of any sums owed by the hirer to
the owner on the termination of this
Agreement. Upon the termination of the
Agreement the owner shall be entitled to
apply any sum so held in payment of all
amounts owed by the hirer under the the
Agreement and any balance shall be refunded
to the hirer. All payments due by the hirer
can be collected as agreed by hirer
elsewhere in this agreement or from the C1
form.
|
|
Hirer's
Obligations |
| 9. |
The hirer shall ensure
that: |
| |
(a) |
The water in the radiator
and battery of the vehicle is maintained at
the proper level; |
| |
(b) |
The oil in the vehicle is
maintained at the proper level; |
| |
(c) |
The tyres are maintained at
their proper pressure.
|
| 10.
|
(a) |
The hirer shall ensure that
all reasonable care is taken in handling and
parking the vehicle and that it is left
securely locked when not in use. |
| |
(b) |
The hirer shall also be
liable for any parking or traffic
infringement and will supply relevant
details as required by the Police and/or the
owner relating to any such parking or
traffic infringement and offences,
impoundment, towage and storage. |
| |
(c) |
No animals to be carried in
any vehicle.
|
|
Insurance |
| 11. |
Subject to the exclusions
set out below, the hirer and any driver
authorised to drive the vehicle is fully
indemnified in respect of any liability he
might have to the owner in respect of the
loss or damage to the vehicle and its
accessories and spare parts and any
consequential loss of revenue or other
expenses of the owner including towing and
salvage costs associated with the recovery
of the vehicle and its accessories and spare
parts. Subject to the exclusions set out
below, the hirer and any driver authorised
to drive the vehicle are indemnified to the
extent of $1,000,000 in respect of any
liability he might have for damage to any
property (including injury to any animal)
belonging to any other persons and arising
out of the use of the vehicle.
|
|
Exclusions |
| |
The indemnities referred to
above shall not apply where the damage,
injury or loss arises when: |
| |
(a) |
The driver of the vehicle
is under the influence of alcohol or any
drug that affects his ability to drive the
vehicle; |
| |
(b) |
The vehicle is in an unsafe
or unroadworthy condition that arose during
the course of the hire and that caused or
contributed to the damage or loss, and the
hirer or driver was aware of ought to have
been aware of the unsafe or unroadworthy
condition of the vehicle; |
| |
(c) |
The vehicle is operated in
any race, speed test, pace notes, rally, or
contest, or on any closed road or non-public
roadway; |
| |
(d) |
The hirer is not a body
corporate or department of State and the
vehicle is driven by any person other than
the hirer and any other person named on the
front of this agreement; |
| |
(e) |
The vehicle is driven by
any person who at the time when he drives
the vehicle is disqualified from holding or
has never held a driver's licence
appropriate for that vehicle; |
| |
(f) |
The vehicle is willfully or
recklessly damaged by the hirer or any other
person named on the front of this form, or
driving the vehicle under the authority of
the hirer, or is lost as a result of the
willful or reckless behavior of the hirer or
any such person, or the vehicle has been
damage from an incident where no other
vehicle has been involved. Where another
vehicle has been involved full details of
the other vehicle must be obtained along
with a Police report or infringement notice; |
| |
(g) |
The vehicle is operated on
any of the following roads; Ball Hut, Mt.
Cook; Skippers Canyon Rd, Queenstown; 90
Mile Beach, Northland; or any unsealed
private roadway or any access road off to a
prohibited area from a sealed public road
way; |
| |
(h) |
The vehicle is operated
outside the term of the hire or any agreed
extension of that term;
|
| |
It is agreed between the
owner and the hirer that section 11 of the
Insurance Law Reform Act 1977 shall apply
with respect to the above exclusions as if
this clause constituted a contract of
insurance. The hirer acknowledges that he is
aware of the above exclusions, by his
signature on the front of this agreement. |
| |
(a) |
The Hirer agrees that where
this Agreement is entered into for the
purposes of a business then the Consumer
Guarantees Act 1993 shall not apply to the
vehicle hireage arrangement and subject to
the expressly stated provisions of this
Agreement, the Owner shall not be liable for
any consequential loss or any other indirect
loss arising from the hire of the vehicle. |
| |
(b) |
Subject to subparagraph (a)
hereof, nothing in this Agreement limits or
restricts any other statutory right or
remedy available to the Hirer under the
Consumer Guarantees Act 1993.
|
|
Hirer's
Liability |
| |
The hirer acknowledges that
he is liable for damages or loss to the
extent indicated under the heading 'Hirer's
Liability' on the front of this Agreement.
N.B. The excess applied (GST inclusive)
shall be for each and every claim. Window
glass damage or breakage also carries a
separate excess. Such amounts will be
collected as part of total amount due under
this agreement. In the case of single
vehicle damage, the hirer will be
responsible for payment of such cost of
repair. Any damage to the undercarriage and
/ or overhead damage is at the hirers cost
even when CDR (Collision Damage Reduction)
has been elected.
|
|
Rejection of
Insurance |
| 12. |
If insurance is rejected
the hirer accepts by his signature on the
front of this Agreement that the vehicle is
hired to him at his own risk in respect of
loss of or damage to the vehicle and
consequential loss by the owner. The hirer
by his signature on the front of this
agreement accepts that they shall be liable
to the owner for any loss of or damage to
the vehicle and consequential loss. If
insurance is rejected the hirer accepts by
his signature on the front of this form that
he has no insurance cover under this
agreement in respect of any damage, injury,
or loss caused to any person or property.
The Hirer is to supply proof and currency of
policy, and payment of the same, where
he/she has nominated their own insurance for
cover.
|
|
Owners
Obligations |
| 13. |
The owner shall supply the
vehicle in a safe and roadworthy condition.
|
| 14. |
The owner shall be
responsible for all ordinary and
extraordinary costs of running the vehicle
during the term of the hire except to the
extent that by the terms of this agreement
those costs are payable by the hirer.
N.B. By virtue of clause 7 of this
agreement, the cost of petrol and other
fuel, but not oil, used during the term of
the hire is the responsibility of the hirer.
|
|
Mechanical
Repairs and Accidents |
| 15. |
If the vehicle is damaged
or requires repair or salvage, whether
because of any accident or breakdown, the
hirer shall advise the owner of the full
circumstances by telephone, facsimile or
telegram as soon as practicable.
|
| 16. |
The hirer shall not arrange
or undertake any repairs or salvage without
the authority of the owner except to the
extent that the repairs or salvage are
necessary to prevent further damage to the
vehicle or to other property.
|
| 17. |
The hirer shall ensure that
no person shall interfere with the distance
recorder or speedometer or, except in an
emergency, any part of the engine,
transmission, braking, or suspension systems
of the vehicle.
|
|
Use of Vehicle |
| 18. |
The hirer shall not use or
permit the vehicle to be used for the
carriage of passengers for hire or reward
unless the vehicle is hired with the
knowledge of the owner for use in a
passenger service licensed under Part VII of
the Transport Act 1962 or exempted for
licensing under that Act.
|
| 19. |
The hirer shall not: |
| |
(a) |
Sublet or hire the vehicle
to any other person; |
| |
(b) |
Permit the vehicle to be
operated without his authority and then only
by an authorised driver named on the front
of this Agreement; |
| |
(c) |
Operate the vehicle, or
permit it to be operated, in circumstances
that constitute an offence by the driver
against Section 58 of the Transport Act 1962
(which relates to driving or attempting to
drive with excess breath or blood alcohol or
under the influence of drink or drugs); |
| |
(d) |
Operate the vehicle or
permit it to be operated in any race, speed
test, pace notes, rally, or contest, or on
any closed road or non-public roadway; |
| |
(e) |
Operate the vehicle or
permit it to be operated to propel or tow
any other vehicle; |
| |
(f) |
Operate the vehicle or
permit it to be operated in breach of the
Transport Act 1962, the Traffic Regulations
1976, or any other Act, regulations, or
bylaws relating to road traffic; |
| |
(g) |
Operate the vehicle or
permit it to be operated for the transport
of more than the number of passengers or
more than the weight of goods specified in
the certificate of loading for the vehicle; |
| |
(h) |
Drive or permit the vehicle
to be driven by any person if at the time of
his driving the vehicle the hirer or other
person is not the holder of current driver's
licence appropriate for the vehicle.
|
| |
(i) |
In no
circumstances, on beaches or through
streams, dams, rivers, or flood waters; nor
any roadway where the Police or any other
Government authority has issued a warning or
caution.
|
|
Return of the
Vehicle |
| 20. |
(a) |
A relocation fee will be
applicable to any vehicle being left at any
other agent or business address or any other
place other than the address from which the
vehicle was hired and all charges to
reposition the vehicle to its original
business address shall be chargeable, and,
or any hire shorter than the specified
return date may have its daily rate adjusted
according to the length of hire - this will
be done at the discretion of the
owner/operator. |
| |
(b) |
The hirer shall return the
vehicle in the same clean and tidy condition
at the expiry of the term of hire or a
surcharge for cleaning may be imposed upon
the hirer for such cleaning. No refund can
be made until a vehicle has been cleaned and
inspected for any damage. |
| |
(c) |
When a vehicle is left at
any other place than the branch location
then termination shall be when the vehicle
inspection shall occur at the time of
collection. The hirer will be responsible
for the vehicle up until this time of
termination, inspection, and collection.
|
|
Immediate
return of Vehicle where default or damage |
| 21. |
The owner shall have the
right to terminate the hire and take
immediate possession of the vehicle if the
hirer fails to comply with any of the terms
of this Agreement, or if the vehicle is
damaged. The termination of the hire under
the authority of this clause shall be
without prejudice to the other rights of the
owner and the rights of the hirer under this
Agreement or otherwise.
|
Please note: This agreement
may vary from time to time.
|
|
Deposit,
Cancellation and Refund Policy |
| |
Our policy for accepting
deposits, cancellations and processing
refunds is as follows:
|
| 1. |
After the hire has
commenced then as per the Terms and
Conditions of Hire (the Rental Agreement).
|
| |
The following also applies and is to be read
in conjunction with the Terms and Conditions
of Hire and is detailed fully below: |
| |
(a) |
In the event of an accident there is NO
OBLIGATION to either supply.
Another vehicle or provide a refund for the balance
of the hire term. Providing a replacement vehicle is
entirely at the branches discretion, But if the
accident is not the hirers or nominated drivers
fault then we may provide a replacement (subject to
bookings), again this is at our discretion. |
| |
(b) |
In the event that the hirer wishes to
terminate early. There is NO OBLIGATION to provide a
refund for the balance of the hire period. However a
refund may be provided in the event of "extenuating
circumstances or on compassionate grounds".
|
| 2. |
If a deposit (10%) has been taken, then the
following will apply: |
| |
(a) |
Cancellation within twenty one (21) days of
the hire commencing, NO REFUND. |
| |
(b) |
Cancellation prior to twenty one (21) days of
the hire commencing, FULL REFUND.
|
| |
The only EXCEPTION is that within (a) a full or
partial refund may be granted solely at the branches
discretion BUT ONLY in the event of "extenuating
circumstances or on compassionate grounds".
|
| 3. |
Cancellation advice MUST be received by us in
writing (includes emails). A response WILL be sent
to you confirming cancellation of the hire and where
applicable details of any charges made under this
policy.
|
| 4. |
In the event of a "No-Show" following a
confirmed booking being made and taken without a
deposit being taken, then the equivalent of 10% of
the hire value may be taken or One Days hire value
whichever is the greater amount. |
